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Allen v. Yost

The petitioner's appeal contesting the results of November 8, 2005 election to city council was moot, since the term of office for the seat she sough has now expired.

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Appellant Carolyn C. Allen contested the results of the November 8, 2005 election for Ward 5 of the City Council of Dawson, Georgia. More detailed facts surrounding the contested election are set forth in a prior appeal, in which this Court reversed the trial court’s initial dismissal of the case. Allen v. Yost , 281 Ga. 102 636 SE2d 517 2006. Following remand, the trial court, after conducting two evidentiary hearings, denied Allen’s petition on February 23, 2007. Allen filed a timely notice of appeal, and the appeal was docketed in this Court on May 23, 2007. Oral argument was scheduled for September 11, 2007. Despite the approaching expiration of her opponent’s term of office with the next election scheduled for November 6, 2007, Allen did not move to expedite this Court’s consideration of her appeal. Allen eventually, on September 7, 2007, moved for supersedeas, seeking a stay of the Ward 5 November 6, 2007 election to prevent her appeal from becoming moot. That motion was denied, and the November 6 election has now taken place.

“We take this opportunity to re-emphasize that the party seeking review of an election has the obligation to exercise the mechanisms available to produce a timely result.” Kendall v. Delaney , 282 Ga. 482, 483 651 SE2d 685 2007.

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